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1. The attached sheet between the Defendants and Nonparty Incorporated Co., Ltd. (the trade name before the change: the Co., Ltd.) is set aside.
Reasons
1. Basic facts
A. The Plaintiff, who operates a manufacturer of automation machinery parts, etc. in the name of D, was not paid 35,395,750 won for the processing of the machinery parts at the request of Nonparty Incorporated Co., Ltd. (the trade name before the alteration: hereinafter “Nonindicted Co., Ltd.”) to process the machinery parts on three occasions.
B. On September 6, 2016, the Plaintiff filed a lawsuit against Nonparty Company with the Daegu District Court 2016Kadan2274, and was sentenced to the Plaintiff to pay 35,095,750 won and 15% interest per annum from February 18, 2016 to the day of full payment. The above judgment against Nonparty Company became final and conclusive.
C. However, on March 6, 2015, the non-party company concluded a mortgage agreement with the Defendants regarding each of the real estate listed in the separate sheet No. 3 (hereinafter “instant real estate”) with regard to each of the instant real estate (hereinafter “instant real estate”) as indicated in the separate sheet No. 3 (hereinafter “mortgage agreement”), and on the same day, registered the establishment of a mortgage with the Defendants on the same day.
After all, the instant real estate was sold to Daegu District Court E upon the application of the Industrial Bank of Korea, which was the first collateral security right regarding the instant real estate. On December 7, 2016, the said auction court drafted a distribution schedule that distributes each of the following amounts to the Industrial Bank of Korea, which was the first collateral security right, KRW 1,125,895,258 out of the amount to be actually distributed as of December 7, 2016, and Defendant B, the second collateral security right holder, KRW 274,69,929,929, and KRW 127,936,289 to Defendant C.
E. As to this, the plaintiff et al. applied for the injunction against the above claim for the payment of dividends against the defendants, and the above auction court is against the defendant B as shown in the attached Table 1.